CONSEQUENCES OF LEGAL LIABILITY OF PARTIES IN CASE OF EXPRESSION OF REFUSAL OF REALIZATION OF THE MANDATORY VACCINATIONS

Camelia Daciana Stoian () and Claudia Boghicevici ()
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Camelia Daciana Stoian: Arad Bar Association, Romania
Claudia Boghicevici: „Aurel Vlaicu” University, Arad, Romania

Perspectives of Law and Public Administration, 2018, vol. 7, issue 1, 95-100

Abstract: The views expressed through the media institutions in order to draw an alarm signal on the draft Law on Vaccination, draw attention to contravention sanctions without enforcing the term "medical negligence" and without corroborating the definition here of the Law no. 272/2004 on the protection and promotion of the rights of the child (r) respectively with the consequences expressly provided in the methodology approved by the Government Decision no. 49/2011. In fact, medical neglect listed as part of the category of forms of violence that can be exerted on the child is alongside possible violation of child rights, criteria that can repercussions across the family, obviously under the condition of proving the potential causal link with the form of violence. This article seeks to raise awareness of the consequences of legal liability for parents when expressing the refusal to carry out compulsory vaccinations, how vaccinations can really affect their rights, and ultimately cause undesirable effects in the child's life, but also to discuss which is based on the existing case-law of the European Court of Human Rights, focusing on the recognition of the obligation of the medical act of vaccination as an interference with the right to respect for private life, and especially on the condition of proving necessary, appropriate and proportionate of the compulsory vaccination decision.

Keywords: written refusal; mandatory vaccination; medical negligence; post-vaccine adverse effects. (search for similar items in EconPapers)
JEL-codes: K23 K32 (search for similar items in EconPapers)
Date: 2018
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Persistent link: https://EconPapers.repec.org/RePEc:sja:journl:v:7:y:2018:i:1:p:95-100

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